Utilization Guide (GU)

Mineral Extraction on an Exceptional Character, Before the Mining Decree

WHAT IS THE UTILIZATION GUIDE?

The GU is expressly provided for in art. 22, §2 of the Mining Code, and in art. 24 of the Mining Code Regulation (Decree 9.406/2018), having its procedures regulated by Ordinance 155/2016. However, Resolution no. 37, of 06/04/2020 altered some of the provisions contained in the Ordinance, bringing significant changes.

It is the document that allows, on an exceptional basis, the extraction of mineral substances in a titled area for commercialization purposes, before the granting of the mining concession, upon prior authorization from the National Mining Agency.

 

WHAT SUBSTANCES AND MAXIMUM LIMITS ARE ALREADY PRE-ESTABLISHED?

The GU is issued for more than 60 specific substances such as sand, limestone, manganese, gold, among others. It is possible to request the mineral extraction of more than one substance in a single Utilization Guide, generating only one GU covering all the substances requested. These substances and their respective annual production limits are predefined and are described in the table below.

Even so, it is possible to request a GU with substances not foreseen in the table, with the issue being at the discretion of the ANM’s Board of Directors, and to request production limits above the one determined, but the server responsible for the analysis may accept or suggest adjusting the values.

 

FOR WHAT PURPOSES CAN I REQUEST THE USE PERMIT?

The GU will be issued under the following conditions:

  • Gauging the technical-economic feasibility of the mining of mineral substances in the national and/or international market;
  • The extraction of mineral substances for analysis and industrial tests before the granting of the mining concession; and
  • The commercialization of mineral substances, at ANM’s discretion, in accordance with public policies, before the granting of the mining concession.
  • The following situations are considered public policies:
  • In a situation of formalization of the activity and strengthening of Micro and Small Companies, according to the strategic objectives of the National Mining Plan – 2030;
  • That aim to promote the development of small and medium mining through mineral extension actions, formalization, cooperativism and local productive arrangements;
  • That are aimed at the research of strategic minerals (abundant, lacking and future bearers) in accordance with the objectives of the National Mining Plan – 2030;
  • That are aimed at guaranteeing the supply of inputs for civil infrastructure works, for agricultural development and for civil construction;
  • With investments in sectors that are relevant to the Brazilian Trade Balance, containing the necessary substance for local and regional development;
  • With projects that promote the diversification of the Brazilian exports and the strengthening of medium-sized companies aiming at conquering the international market. Contributing to the trade balance surplus.

 

HOW TO REQUEST THE USE PERMIT?

The application must be instructed with preliminary mineral research data, containing at least the following information:

  • Statement with technical and economic justification, prepared and signed by a legally qualified professional and describing, at least, the deposits potentially existing or likely to be estimated, the extent of the respective areas, the operations of stripping, dismantling, loading, transport, processing, if applicable, system of disposal of materials and the measures of environmental control, rehabilitation of the mined area and those of protection of safety and health of the worker;
  • Indication of the quantity of each mineral substance to be extracted, as well as the period of validity requested for the GU, observing what is set forth in art. 24 of Decree No. 9,406/2018;
  • Maps, blueprints, photographs, and images, demonstrating the current situation of the area and its surroundings (maps of land use, geology, drainage, municipal boundaries, buildings, protected and/or restricted units, planialtimetric charts, digital terrain model, and high-resolution digital satellite, radar, or aerial images); and
  • Proof of payment of the respective fees.

The data submitted must be standardized according to ABNT norms, with an appropriate scale to allow the ANM technician a detailed analysis of the survey data.

In addition, information with specific characteristics must be submitted, under penalty of rejection:

  • The plan must be topographic, on an appropriate scale of at least 1:1,000. Detailed topographic survey;
  • Vector data must be delivered in DXF and SHP formats, and raster images must be georeferenced and presented in GeoTIFF format;
  • Digital data must be compatible to be visualized in Geographic Information System (GIS) and/or Computed Aided Design (CAD) environment.

To be entitled to GU you must meet certain requirements:

  • Be up to date with the Annual Fee per Hectare;
  • The mining process must be regular, without any cause for expiration, even if not formally declared in the records, but that are already possible to verify;
  • Not have performed illegal mining prior to the request for the GU.

 

IS IT NECESSARY TO OBTAIN AN ENVIRONMENTAL LICENSE?

Yes, the GU will be issued regardless of the presentation of an environmental license, but its efficacy and validity are conditioned to obtaining one.

As of the issuing of the GU, the holder will have 10 (ten) days to present the environmental license or equivalent document to the ANM, under penalty of the Guide being cancelled.

The performance of mining without the due environmental license, even if under the terms of the GU, will be considered illegal mining, including for the purposes of characterization of the crime of usurpation, under the terms of art. 2 of Law No. 8.176/1991.

IS IT POSSIBLE TO EXTEND THE USE PERMIT?

Yes, to extend the use permit the holder must submit the following documents:

  • Partial report of mineral research activities until then developed or final research report, if applicable, including information on extraction activities;
  • Topographical plan of the area mined by the GU on the same scale as the first plan provided when applying for the GU;
  • New technical-economic justification only if a change in the operational conditions defined in art. 104 is foreseen
    Proof of payment of the CFEM, related to the quantity of mineral substance extracted.

In order to avoid interruption of the extraction activities, the holder may file the GU extension request, with the cited documents, within 60 (sixty) days before the current GU expires.

In the absence of a decision about the request for extension of the GU presented in the form of the caput, it is implicitly extended, maintaining the continuity of the extraction works in the conditions established in the GU already issued until the period of 1 (one) year, counted from its expiration.

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